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MotionNational Interest Waiver · Motion to reopen & reconsider

Mathematics teacher

Physical sciences & math · decided 2024-02-23 · TSC · FEB232024_01B5203

Official PDF on uscis.gov

How each part of the test was decided

Read from the appeals office's own sentences by fixed rules, not from the Director's findings or the petitioner's arguments. Each result shows the sentence it came from. The official PDF controls.

  • Step 0Eligible for EB-2Not decided

    No finding on this in the appeals office's own words.

  • Prong 1Merit and national importanceNot decided

    No finding on this in the appeals office's own words.

  • Prong 2Well positioned to advance itNot decided

    No finding on this in the appeals office's own words.

  • Prong 3Worth waiving the job offerNot decided

    No finding on this in the appeals office's own words.

The decision in brief

Sentences picked out of the text automatically. Read them in context below; the official PDF controls.

Summary sentence

A motion that does not satisfy the applicable requirements must be dismissed. See in text

What the AAO decided

  • Upon review, we will dismiss the motion. See in text
  • ORDER: The motion to reopen is dismissed. See in text
  • FURTHER ORDER: The motion to reconsider is dismissed. See in text
Read the full decision (2 pages)

Objections found (0)

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No catalog objection was detected in the analysis section.

    Full decision

    OCR text from the official PDF, reformatted for reading. Scan errors carry over; the PDF controls.

    Highlighted: Outcome (5)Matter of X citation
    Decision header
    U.S. Citizenship and Immigration Services · Non-Precedent Decision of the Administrative Appeals Office · Date: FEB. 23, 2024 · In Re: 30146272 · Motion on Administrative Appeals Office Decision · Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver)

    The Petitioner, a mathematics teacher, seeks employment-based second preference (EB-2) classification as a member ofthe professions holding an advanced degree, as well as a national interest waiver of the job offer requirement attached to this EB-2 classification. See Immigration and Nationality Act (the Act) section 203(b )(2), 8 U.S.C. § 1153(b )(2).

    The Director of the Texas Service Center denied the petition. The Petitioner appealed the matter to us, and we dismissed her appeal and four subsequent combined motions to reopen and reconsider. The Petitioner then appealed our decision dismissing the fourth motion. We rejected that appeal because we have no jurisdiction over appeals of AAO decisions.

    The matter is now before us again on a fifth combined motion to reopen and motion to reconsider. The Petitioner bears the burden ofproof to demonstrate eligibility by a preponderance ofthe evidence. Matter of Chawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). Upon review, we will dismiss the motion.

    A motion to reopen must state new facts and be supported by documentary evidence. 8 C.F.R. § 103.5(a)(2). A motion to reconsider must establish that our decision was based on an incorrect application of law or policy and that the decision was incorrect based on the evidence in the record of proceedings at the time of the decision. 8 C.F.R. § 103.5(a)(3). A motion that does not satisfy the applicable requirements must be dismissed. 8 C.F.R. § 103.5(a)(4).

    By regulation, the scope of a motion is limited to "the prior decision." 8 C.F.R. § 103.5(a)(l)(i). The sole issue before us today is therefore whether our rejection of the Petitioner's most recent appeal for lack ofjurisdiction over appeals of AAO decisions was correct. Because the Petitioner's submission does not even address that issue, 1 we must dismiss her combined motion to reopen and reconsider. 1 It is worth pointing out that even if the Petitioner had addressed it, she would not have been able to overcome that determination because it was correct. We do not have jurisdiction over appeals of our own decisions, and that appeal was properly rejected.

    ORDER: The motion to reopen is dismissed.

    FURTHER ORDER: The motion to reconsider is dismissed.